Loading...
PC RES 2018-030 P.C. RESOLUTION NO. 2018-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES THEREBY CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT ALLOWING A CYCLEBAR TO OPERATE CYCLING CLASSES SERVING 48 CUSTOMERS PER CLASS, 7 DAYS A WEEK,WITHIN AN EXISTING 2,000 SQ. FT. UNIT ON THE FIRST LEVEL OF THE TERRACES SHOPPING CENTER LOCATED AT 28901 WESTERN AVENUE(PLCU2OI8-0008). WHEREAS, on September 5, 2018, Ken McKently and Greg James of McKently Malak Architects (Applicant) submitted, on behalf of Cyclebar, an application for a Conditional Use Permit requesting approval to operate cycling classes 7 days a week within an existing 2,000 sq. ft. unit on the first level of the Terraces shopping center; and, WHEREAS on October 5, 2018, Staff completed an initial review of the development application and deemed the application incomplete. After several resubmittals of revised plans and additional information, the development application was deemed complete for processing on November 5, 2018; and, WHEREAS, on November 22, 2018, a public notice was mailed to property owners within a 500' radius of the project site and published in the Palos Verdes Peninsula News. Staff received no comments in response to the public notice; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA). Categorical Exemptions are projects which have been determined not to have a significant effect on the environment and have been exempted from the requirements of the CEQA. Section 15301(a) (Existing Facility)allows for minor improvements to existing facilities such as interior partitions, plumbing, and electrical conveyances. The use will occupy an existing 2,000ft2 unit within the Terrace shopping center and will undergo interior tenant improvements; and, WHEREAS, after notice issued pursuant to the requirements of the Rancho Palos Verdes Development Code, the Planning Commission held a duly-noticed public hearing on December 11, 2018, at which time all interested parties were given an opportunity to be heard and present evidence. NOW, THEREFORE, THE PLANNING COMMISSION DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1: That the proposed project is a request for a Conditional Use Permit to operate a Cyclebar franchise within a 2,000ft2 unit on the first level (street level) of the Terraces shopping center. The Cyclebar business will operate indoor cycling classes serving up to 48 customers per class, 7 days a week, between the hours of 5:30 a.m. - 11:00 p.m. Monday through Friday, and 7:00 a.m. - 1:00 p.m. Saturday and Sunday. Section 2: Pursuant to Section 17.12.030 of the Development Code,the Planning Commission finds that the Cyclebar fitness studio in the Commercial General (CG)zoning district warrants a Conditional Use Permit (CUP) based on the following findings: A. The site is adequate in size and shape to accommodate the proposed Cyclebar since it will occupy an existing 2,000ft2 unit on the first level of the Terrace's shopping center. Other than undergoing an interior remodel to accommodate the use, the proposed use will not require physical changes to the exterior of the shopping center, will not alter existing setbacks, nor trigger the installation of new fencing, landscaping, lighting, or other site-related improvements. In terms of parking, the Cyclebar is required to provide 12 spaces based on a parking study that was completed as part of Revision "G" of CUP No. 101 that requires 6.17 parking spaces for every 1,000 square feet. The shopping center is improved with 783 parking spaces of which 756 spaces are utilized for the peak weekday demand, leaving a surplus of 27 spaces. Given that there is a surplus of 27 parking spaces, the shopping center has adequate number of parking to accommodate the proposed use. B. The proposed Cyclebar will generate similar traffic levels as the previous fitness studio that occupied the unit and will not result in an intensification of traffic generation. In addition, the shopping center is located on Western Avenue which is an arterial street that is capable of handling the amount of traffic the proposed use is expected to generate. C. The proposed Cyclebar will not have a significant adverse effect on adjacent properties or on other uses within the shopping center. The properties located to the west and southwest of the shopping center(rear and interior- side property lines) are improved with single-family residences which are the closest adjacent properties to the proposed Cyclebar(near the eastern end of the building on Level 1). The elevation difference between these residence and the location of the proposed use is approximately 64', thus minimizing any potential impacts. There will be no aesthetic, land use, traffic, or other similar impacts onto the neighboring properties as the proposed use will occupy an existing vacant unit at the shopping center. As conditioned, there will be no significant noise impacts generated with the operation of the cycle studio including when amplified music is used for each class which will be contained within the interior of the unit. The proposed Cyclebar will not adversely impacts existing businesses at the shopping center, including the restaurants, retail stores, health club facility, offices, and special services. The Cyclebar will be in operation between the hours of 5:30 a.m. - 11:00 p.m. Monday through Friday and 7:00 a.m. - 1:00 p.m. Saturday and Sunday, and these established business hours are within the regular business hours of the shopping center and will not create adverse impacts to other businesses at the shopping center. D. The proposed Cyclebar is not contrary to the General Plan because the site is designated for commercial use, and the proposed use is permitted in the P.C. Resolution No. 2018-30 Page 2 of 4 Commercial General (CG) zoning district with an approval of a CUP. E. The Terraces shopping center is not within an overlay control district. F. In order to ensure that the operation of the Cyclebar fitness studio will not adversely impact the health, safety and general welfare of neighboring property owners, existing and future business, and visitors of the shopping center, the following conditions of approval have been imposed as reflected in Exhibit "A" of this Resolution: • All tenant improvements shall be permitted and inspected by the City's Building and Safety Division. • City approvals shall be required for all new signs. • Hours of Operation shall be limited to 5:30 a.m. - 11:00 p.m. Monday through Friday and 7:00 a.m. - 1:00 p.m. Saturday and Sunday. • Amplified sound shall be contained within the interior of the unit, and the Director shall monitor and make necessary adjustments to the noise levels within 30 days of operation. • Parking shall be limited to 12 spaces. • Each class shall be limited to 48 customers. • All existing conditions of approval for the general operation of the shopping center shall remain in full force and effect. • The operation of the Cyclebar and its compliance with the City's conditions of Approval shall be subject to an annual compliance review by the Planning Commission after one year of operating. Section 3: Any interested person aggrieved by this decision or by any portion of this decision may appeal to the City Council. The appeal shall set forth in writing, the grounds for appeal and any specific action being requested by the appellant. Any appeal letter must be filed within 15 calendar days of the date of this decision, or by 5:30 p.m. on Thursday, January 3, 2019. A$2,275.00 appeal fee must accompany any appeal letter. If no appeal is filed timely, the Planning Commission's decision will be final at 5:30 p.m. on Thursday, January 3, 2019. Section 4: For the foregoing reasons and based on the information and findings included in the Staff Report, Minutes and other records of proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby adopts P.C. Resolution No. 2018- 30, approving a Conditional Use Permit to allow a Cyclebar to operate cycling classes serving 48 customers per class, 7 days a week, within an existing 2,000 sq. ft. unit on the first level of the terraces shopping center, subject to the Conditions of Approval contained in the attached Exhibit "A." PASSED, APPROVED, AND ADOPTED this 11 t"day of December 2018, by the following vote: P.C. Resolution No. 2018-30 Page 3 of 4 AYES: COMMISSIONERS SAADATNEJADI, PERESTAM, NELSON, LEON, VICE- CHAIRMAN BRADLEY, AND CHAIRMAN JAMES NOES: NONE ABSTENTIONS: NONE RECUSALS: NONE ABSENT: NONE 97741 :0)-.....• William J. J es Chairman Ara Mi ranian, Director of Community Development; and, Secretary of the Planning Commission P.C. Resolution No. 2018-30 Page 4 of 4 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT (PLCU2018-0008) GENERAL 1. Prior to the submittal of plans into Building and Safety plan check, the Applicant and the property owner shall submit to the City a statement, in writing, that they have read, understand, and agree to all conditions of approval contained in this Exhibit "A". Failure to provide said written statement within 90 days following the date of this approval shall render this approval null and void. 2. All existing conditions of approval adopted under P.C. Resolution No. 2018-30 for the general operation of the shopping center shall remain in full force and effect. 3. The Applicant shall indemnify, protect, defend, and hold harmless, the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, lawsuits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including, but not limited to arbitrations, mediations, and other such procedures) (collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, the action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project. 4. Prior to conducting any work in the public right of way, such as for curb cuts, dumpsters, temporary improvements and/or permanent improvements, the Applicant shall obtain an encroachment permit from the Director of Public Works 5. Approval of this permit shall not be construed as a waiver of applicable and appropriate zoning regulations, or any Federal, State, County and/or City laws and regulations. Unless otherwise expressly specified, all other requirements of the City of Rancho Palos Verdes Municipal Code shall apply. 6. Pursuant to Section 17.78.040 of the Rancho Palos Verdes Municipal Code, the Director of Community Development is authorized to make minor modifications to the approved plans and any of the conditions of approval if such modifications will achieve substantially the same results as would strict compliance with the approved plans and conditions. Substantial changes to the project shall be considered a revision and require approval by the final body that approved the original project, which may require new and separate environmental review and Exhibit "A" P.C. Resolution No. 2018-30 Page 1 of 4 public notification. 7. The project development on the site shall conform to the specific standards contained in these conditions of approval or, if not addressed herein, shall conform to the residential development standards of the City's Municipal Code, including but not limited to height, setback and lot coverage standards. 8. Failure to comply with and adhere to all of these conditions of approval may be cause to revoke the approval of the project pursuant to the revocation procedures contained in Section 17.86.060 of the Rancho Palos Verdes Municipal Code or administrative citations as described in Section 1.16 of the Rancho Palos Verdes Municipal Code. 9. If the Applicant has not submitted an application for a building permit for the approved project or not commenced the approved project as described in Section 17.86.070 of the Rancho Palos Verdes Municipal Code within one year of the final effective date of this decision, approval of the project shall expire and be of no further effect unless, prior to expiration, a written request for extension is filed with the Community Development Department and approved by the Director. 10. In the event that any of these conditions conflict with the recommendations and/or requirements of another permitting agency or City department, the stricter standard shall apply. 11. Unless otherwise designated in these conditions, all construction shall be completed in substantial conformance with the plans stamped APPROVED by the City with the effective date of this decision. 12. This approval is only for the items described within these conditions and identified on the stamped APPROVED plans and is not an approval of any existing illegal or legal non-conforming structures on the property, unless the approval of such illegal or legal non-conforming structure is specifically identified within these conditions or on the stamped APPROVED plans. 13. All construction sites shall be maintained in a secure, safe, neat and orderly manner, to the satisfaction of the City's Building Official. All construction waste and debris resulting from a construction, alteration or repair project shall be removed on a weekly basis by the contractor or property owner. Existing or temporary portable bathrooms shall be provided during construction. Portable bathrooms shall be placed in a location that will minimize disturbance to the surrounding property owners, to the satisfaction of the City's Building Official. 14. Permitted hours and days for construction activity are 7:00 AM to 6:00 PM, Monday through Friday, 9:00AM to 5:00PM on Saturday, with no construction activity permitted on Sundays or on the legal holidays specified in Section Exhibit "A" P.C. Resolution No. 2018-30 Page 2 of 4 17.96.920 of the Rancho Palos Verdes Development Code. During demolition, construction and/or grading operations, trucks shall not park, queue and/or idle at the project site or in the adjoining street rights-of-way before 7AM Monday through Friday and before 9AM on Saturday, in accordance with the permitted hours of construction stated in this condition. When feasible to do so, the construction contractor shall provide staging areas on-site to minimize off-site transportation of heavy construction equipment. These areas shall be located to maximize the distance between staging activities and neighboring properties, subject to approval by the building official. 15. If construction projects that are accessible from a street right-of-way or an abutting property and which remain in operation or expect to remain in operation for over 30 calendar days, the Applicant shall provide temporary construction fencing, as defined in Section 17.56.050(C) of the Development Code. Unless required to protect against a safety hazard, temporary construction fencing shall not be erected sooner than 15 days prior to commencement of construction. 16. For all grading, landscaping and construction activities, the Applicant shall employ effective dust control techniques, either through screening and/or watering. PROJECT SPECIFIC CONDITIONS 17. This approval shall allow the operation of a Cyclebar franchise within Suite No. 107A) on the first level (street level) of the Terraces shopping center. 18. The Cyclebar business shall be permitted to only operate indoor cycling classes serving up to 48 customers per class, 7 days a week, between the hours of 5:30 a.m. - 11:00 p.m. Monday through Friday, and 7:00 a.m. - 1:00 p.m. Saturday and Sunday. No operations shall occur outside the interior of Suite No. 107A. 19. No more than 48 customers shall be permitted for each cycling class. 20. New signage for the future tenant of the fitness studio use shall require a Sign Permit issued by the Planning Division, subject to the Terraces Shopping Center Signage Program. 21. This approval does not allow any alterations to the existing building footprint on any level of the shopping center. 22. Prior to issuance of the Certificate of Occupancy, all required tenant improvements for the Cyclebar shall be permitted and inspected by the City's Building and Safety Division. 23. All amplified sound shall be contained within the interior of the unit. The Community Development Director shall monitor and make necessary appropriate Exhibit "A" P.C. Resolution No. 2018-30 Page 3 of 4 adjustments to the noise levels generated by the operation of the Cyclebar within 30 days of operation. 24. The Cyclebar shall occupy no less than 12 parking spaces of the 783 parking spaces available within the shopping center. 25. Prior to issuance of the Certificate of Occupancy, the management company or its designee shall submit to the Planning Division, an updated tenant list (rent roll) for the shopping center which includes the Cyclebar tenant. The management company or its designee shall also update the leasable areas and parking counts in the "Shared Parking Program — Parking Demand Tables" and submit to the Director for verification that updated number of uses at the shopping center will not exceed the 783 available parking spaces. Once the number and/or square foot of the uses at the shopping center and corresponding parking demand maximize the total 783 parking spaces available, the management company shall agree that no additional tenants will occupy the shopping center, until/unless either additional parking spaces are provided or the tenant mix of the uses is adjusted as not to exceed the 783 parking spaces available at the shopping center. 26. The operation of the Cyclebar and its compliance with the City's Conditions of Approval including, but not limited to, parking, noise, and hours of operation shall be subject to an annual compliance review by the Planning Commission after one year of operating. Exhibit "A" P.C. Resolution No. 2018-30 Page 4 of 4